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  • In Its Motion To Dismiss, Marriott Insisted the Breach Caused No Harm to Its Guests and Attached a Declaration By a Former Government Official Who Wrote: "A U.S. Passport Is Virtually Impossible to Forge Successfully." Marriott is insisting that last year's cyberattack did no harm to its hotel guests, not least of which because hackers cannot use stolen passport numbers.

    October 01, 2019Amanda Bronstad
  • Sales of substantially all of a debtor's assets are commonplace in corporate Chapter 11 bankruptcies. The sale is supervised and approved by the Bankruptcy Court. Purchasers desire to know that if the sale is consummated, they will be protected from subsequent attacks on the sale and the sale process and presumably more bidders will participate, resulting in greater returns for the estates and creditors. Issues surrounding the finality of a bankruptcy sale were recently reviewed by the U.S. Court of Appeals for the Eighth Circuit.

    October 01, 2019Andrew C. Kassner and Joseph N. Argentina Jr. 
  • It is easy to understand why many lawyers feel that only certain special individuals are blessed with the qualities necessary to be rainmakers. But almost anyone willing to develop the qualities necessary can become a rainmaker.

    October 01, 2019Arnold Keiser
  • In the face of increasing pressure from online retailers, and declining foot-traffic in malls and other brick-and-mortar locations, distressed retailers like Things Remembered need to act expeditiously to execute going-concern transactions if they are going to survive the market disruption.

    October 01, 2019Christopher T. Greco, Spencer A. Winters and Derek I. Hunter
  • New Developments In Och-Ziff FCPA Settlement As Brooklyn Judge Grants Victim Status to Former Investors In Restitution Claim over Lost African Mining Venture

    October 01, 2019Juliet Gunev
  • The Franklin and Culhane Cases Demonstrate the Importance of Both Implementing and Then Following Corporate Litigation Readiness Measures for Purposes of FRCP 37(E) An evaluation of FRCP 37(e) necessarily entails examining key motion practice flash points that have arisen since the implementation of the rule. One of the most significant of these flash points is what constitutes "reasonable steps to preserve" relevant ESI.

    October 01, 2019Philip Favro
  • Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.

    October 01, 2019Thomas. C. Lambert and Steven Shackman
  • Former Cognizant Technology COO Settles FCPA Case In Relation to India Office Construction Project

    October 01, 2019Juliet Gunev
  • Social Media Escapes an Easy Definition, But You Know It When You See It While it would be helpful to understand the technical details of collecting data from various social media platforms, what's more important is what parts of social media might be relevant to a dispute and what that means for both the requesting and producing parties.

    October 01, 2019Todd Heffner